BILL NUMBER: AB 1111	CHAPTERED  07/22/99

	CHAPTER   147
	FILED WITH SECRETARY OF STATE   JULY 22, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE ASSEMBLY   JUNE 16, 1999
	PASSED THE SENATE   JUNE 15, 1999
	AMENDED IN SENATE   JUNE 15, 1999

INTRODUCED BY   Assembly Member Aroner and Senators Chesbro and
Speier

                        FEBRUARY 25, 1999

   An act to repeal Sections 14669.16 and 15817.5 of the Government
Code, to amend Sections 1596.8713 and 11970 of, and to add and repeal
Article 4 (commencing with Section 11970.1) of Chapter 2 of Part 3
of Division 10.5 of, the Health and Safety Code, to amend Sections
1252.3 and 1611.5 of the Unemployment Insurance Code, to amend
Sections 9564, 11370, 11450, 11450.16, 11461, 11462, 11463, 11465,
14132.90, 15200.81, 15204.3, 16164, 18358.30, 18930, 18930.5, 18932,
18934, 18938, 18940, 18944, 19091, 19092, 19355.5, 19356.6, 19356.7,
and 19806 of, to add Sections 10609.4, 11371, 11372, 11373, 15766,
16501.3, and 18935 to, to repeal Section 12200.018 of, and to repeal
and add Sections 11364 and 11369 of, the Welfare and Institutions
Code, relating to human services, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1111, Aroner.   Social services.
   Existing law authorizes the Director of General Services to
acquire facilities currently leased and occupied by the Health and
Welfare Data Center at 3301 S Street and at 1651 Alhambra Boulevard
in Sacramento through the use of specified debt instruments that may
be issued by the State Public Works Board.
   This bill would repeal that authority of the director.
   Existing law, the Drug Court Partnership Act of 1998, administered
by the State Department of Alcohol and Drug Programs, provides for
the award of grants to counties that develop and implement drug court
programs that meet eligibility requirements.  Existing law provides
that the grants shall be to provide funding for 4 years, subject to
appropriations in the Budget Act.
   This bill would revise that provision to categorize grants awarded
using funds appropriated in the Budget Act of 1998 and the Budget
Act of 1999.
   Under existing law, the State Department of Alcohol and Drug
Programs is responsible for administering a Drug Court Partnership
program for the purpose of demonstrating the effectiveness of drug
courts.
   This bill would establish the Comprehensive Drug Court
Implementation Act of 1999 to be administered by the department to
provide grants to counties in which the county alcohol and drug
program administrator and the presiding judge in the county develop
and submit a specified plan for local drug court systems, based on
certain criteria.
   The bill would state the intent of the Legislature that it be
funded by an appropriation in the annual Budget Act and would provide
that 5 percent of any amount appropriated is available to the
department and the Judicial Council to administer the program.
   Existing law permits the Department of Justice to charge a fee to
cover the costs of services relating to the provision of criminal
background information on operators, managers, and certain employees,
of day care facilities.
   This bill would, commencing January 1, 2000, prohibit that
department and the State Department of Social Services from charging
a fee for the processing of fingerprints, with certain exceptions,
when funds for those purposes are appropriated for that purpose in
the annual Budget Act.
   Existing law establishes, until January 1, 2002, the Employment
Training Fund, into which are deposited unemployment insurance
contributions from employers, levied and collected at a specified
rate, for the purpose of funding, subject to appropriation by the
Legislature, employment training programs administered by the
Employment Training Panel.  Existing law authorizes the Legislature
to appropriate from the fund $20,000,000 in the Budget Act of 1997
and $20,000,000 each year thereafter for training programs designed
for workers who are current or recent recipients of benefits under
the CalWORKs program pursuant to a specified provision of law.
   This bill would repeal the authority of the Legislature to
appropriate from the fund $20,000,000 each year after the Budget Act
of 1997 for those purposes, and would instead authorize the
Legislature to appropriate $5,000,000 in the Budget Act of 1999 for
those purposes.  This bill would also authorize the Legislature to
appropriate from the fund $30,000,000 in the Budget Act of 1999 to
fund the local assistance portion of welfare-to-work activities under
the CalWORKs program, as specified.
   Existing law, operative until August 7, 1999, provides that an
eligible individual who has been laid off from work or who is unable
to commence work as a direct result of the freezing weather
conditions in December 1998, as specified, shall be considered
"unemployed" for the purpose of eligibility for unemployment
compensation benefits if for any week of less than full-time work,
the wages payable to the individual for that week, when reduced by
$200, do not equal or exceed the individual's unemployment weekly
benefit amount, and the individual resides in a county that has an
unemployment rate in excess of 13% and that is covered under the
terms of Order 1267-DR of the federal Emergency Management Agency
relative to the freezing weather of December, 1998.
   This bill would revise that limitation to eliminate the
requirement that the county of residence has an unemployment rate in
excess of 13%.
   Existing law provides that unemployment compensation benefits are
paid from the Unemployment Fund, a continuously appropriated special
fund.  By expanding benefits payable from the fund, this bill would
make an appropriation.
   Existing law specifies methods by which the Multipurpose Senior
Services Program may be expanded.
   This bill would revise those methods.
   Existing federal law establishes the Independent Living Program
for foster youth to be administered by counties with federal and
state funds.
   This bill would require, on or before July 1, 2000, the State
Department of Social Services, in consultation with county and state
representatives, foster youth, and advocates, to develop statewide
guidelines for the implementation of the federal Independent Living
Program, and define the outcomes for the program and the
characteristics of foster youth enrolled in the program for data
collection purposes.
   The bill would also require each county department of social
services to include in its annual Independent Living Program report
certain information relating to federal and state funds allocated for
implementation of the program and other information relating to
characteristics of foster youth.  The imposition of these new
requirements on counties would create a state-mandated local program.

   Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families.  Each county is required to pay a share of the cost of both
aid grant and administrative costs for the CalWORKs program.
   Existing law establishes a schedule for the payment of cash
assistance benefits under the CalWORKs program, including the payment
of a nonrecurring special need payment of $30 a day for the costs of
temporary shelter, and certain other homeless assistance benefits.
   This bill would increase that special need payment to $40 per day.
  This bill would revise time limitations on receipt of certain
homeless assistance benefits, and would authorize a county to require
that a recipient of certain homeless assistance benefits who
qualifies for benefits under specified circumstances a second time in
a 24-month period shall participate in a homelessness avoidance case
plan as a condition of eligibility for homeless assistance benefits.

   Existing law, the Kinship Guardianship Assistance Payment
(Kin-GAP) Program, operative on July 1, 1999, provides for financial
assistance to children who, after being adjudged dependent children
of the juvenile court, are placed in legal guardianship with a
relative, at specified rates, and requires the State Department of
Social Services to adopt emergency regulations to establish and
administer, and apply for any necessary federal waivers to implement
and any available federal funds for, the program.  Existing law
allocates the costs of the program, less available federal funds,
equally between the state and the counties and continuously
appropriates money from the General Fund for allocation to counties
for the state's share of the costs.
   This bill would delay the operative date of the Kin-GAP Program to
January 1, 2000.
   The bill would exclude income to the child from the Kin-GAP
program from consideration of income to the kinship guardian for
purposes of determining the kinship guardian's eligibility for other
aid programs, unless required by federal law.
   Existing law provides for the determination of eligibility for aid
under the continuously appropriated CalWORKs program, on the basis
of assistance units, and specifies that every assistance unit shall
include an eligible child, the caretaker relative of an otherwise
eligible child who is not otherwise receiving CalWORKs benefits
because he or she is receiving benefits under the federal program for
benefits for aged, blind, or disabled or foster care payments.
   This bill would specify that for children receiving Kin-GAP
payments, there shall be paid, under the CalWORKs program, an amount
of aid equal to the rate specified for children under the Kin-GAP
program.
   This bill would include the caretaker of a child who is not
receiving CalWORKs aid because the child is receiving Kin-GAP
payments within the scope of those persons who are included in the
CalWORKs assistance unit.
   Existing law continuously appropriates money for the CalWORKs
program, and, by revising standards of eligibility for aid under the
CalWORKs program, this bill would increase the amount continuously
appropriated for the program and would result in an appropriation.
   The existing provisions of the Kin-GAP program limit the rate paid
under that program to not more than 85% of the AFDC-FC rate.
   This bill would revise that rate to equal the rate for children
placed in a licensed or approved home under the AFDC-FC program.  By
revising the rate of payment under the Kin-GAP program, this bill
would, to the extent it increases the amount continuously
appropriated for the program, therefor result in an appropriation.
   This bill would authorize the State Department of Social Services
to exempt children in receipt of Kin-GAP benefits from any CalWORKs
requirement so long as the exemption would not jeopardize federal
financial participation in the payment.
   The bill would impose reporting requirements on the department
regarding Kin-GAP Program outcomes.
   Because this bill would create new duties for county agencies in
the administration of the Kin-GAP program, it would impose a
state-mandated local program.
   Existing law under the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program provides a schedule of
reimbursement rates for group homes and foster family agencies, and
for payments on behalf of a child living with a parent who receives
foster care benefits.
   This bill would revise the schedule of reimbursement rates.
   Because state funds are continuously appropriated to pay for a
portion of county costs under the AFDC-FC program, the bill would
constitute an appropriation.
   Existing law provides for the State Supplementary Program for the
Aged, Blind, and Disabled (SSP), which requires the State Department
of Social Services to contract with the United States Secretary of
Health and Human Services to make payments to SSP recipients to
supplement supplemental security income (SSI) payments made available
pursuant to the federal Social Security Act.
   Existing law requires that, to the extent permitted by federal
law, the state SSP payment schedules in effect on June 30, 1995, as
adjusted, shall be decreased for certain counties by 4.9% in order to
reflect regional variations in housing costs.
   This bill would repeal that requirement.
   Because state funds are continuously appropriated to pay for SSP
grant costs, the bill would constitute an appropriation.
   Existing law provides for the Medi-Cal program, administered by
the State Department of Health Services, under which qualified
low-income persons are provided with health care services.
   Existing law provides that, except to the extent required by
federal law, if, as of May 15, 1999, the projected costs for the
1998-99 fiscal year for outpatient drug abuse services, as described,
exceed $45,000,000 in General Fund moneys, outpatient drug free
services, as defined in state regulations, shall not be a Medi-Cal
benefit as of July 1, 1999.
   This bill would, instead, provide that if, as of May 15, 2000, the
projected costs for outpatient drug abuse services exceed
$45,000,000 for that fiscal year, outpatient drug free services shall
not be a benefit as of July 1, 2000.
   This bill would enact provisions relating to funding for perinatal
and other Medi-Cal services.
   Existing law requires the department, through September 1999, to
make child support incentive payments to counties that meet specified
requirements.
   This bill would specify the manner in which funds appropriated for
that purpose may be allocated.
   Existing law specified the allocation of funds appropriated in the
Budget Act for counties for the support of administrative activities
undertaken by the counties to provide CalWORKs benefits.
   This bill would, commencing with the 2000-01 fiscal year, revise
the method of allocating those funds, would require the State
Department of Social Services and the County Welfare Directors
Association to develop the specific components of the budget
methodology, and would require the Welfare Reform Steering Committee
to review the efficacy of the proposed methodology and make
recommendations for modifications to the methodology.
   Existing law authorizes adult protective services to include
investigations, needs assessment, the use of a multidisciplinary
personnel team in order to obtain information and records necessary
for adult protective services, a system in which reporting can occur
on a 24-hour basis, emergency shelter, and adult respite care.
Existing law also specifies the members of the multidisciplinary
personnel team.
   Existing law also requires the provision of enhanced adult
protective services provisions that, commencing with the 1999-2000
fiscal year, to be implemented only to the extent funds for this
enhancement are provided in the annual Budget Act, and requires adult
protective services to include the above protective actions, and
requires each county to establish an emergency response adult
protective services program.
   This bill would specify that the investigation of allegations of
elder and dependent abuse under the enhanced adult protective
services program and the case management of elder and dependent adult
abuse cases shall be performed by county merit system civil service
employees, and would authorize a county adult protective service
agency to use contracted telephone answering service after normal
working hours and on weekends and holidays.
   Because this bill would create new duties for county agencies in
the administration of the enhanced adult protective services program,
it would impose a state-mandated local program.
   Existing law requires the Office of the State Foster Care
Ombudsperson to perform various functions and duties with respect to
providing children who are placed in foster care with a means to
resolve issues related to their care, placement, or services.
   This bill would authorize the office to establish, in consultation
with a committee of interested individuals, regional or local foster
care ombudsperson offices for the purposes of expediting
investigations and resolving complaints.
   Existing law requires each county to provide child welfare
services to children in foster care.
   This bill would require the State Department of Social Services to
establish a program of public health nursing in the child welfare
services program.
   Existing law, operative until July 1, 2000, requires the State
Department of Social Services to establish a food assistance program
for certain immigrants residing in this state.
   Existing law, operative until July 1, 2000, requires the
department to establish and supervise a county-administered program
to provide cash assistance to aged, blind, and disabled legal
immigrants who are noncitizens.
   This bill would extend indefinitely, and revise eligibility and
application requirements for, these programs.
   Because each county is required to administer this program, the
bill would constitute a state-mandated local program.
   This bill would include a battered immigrant spouse, child, or
parent or child of a battered immigrant or a Cuban or Haitian
immigrant within the scope of those persons who are eligible for
state food assistance benefits.
   Existing law provides a formula for the allocation of funding to
independent living centers for individuals with disabilities.
   This bill would revise and recast the method of calculating and
allocating that funding.
   Existing law provides for a State Independent Living Advisory
Council.
   This bill would rename the council to be the State Independent
Living Council.
   Existing law establishes the Habilitation Services Program
administered by the Department of Rehabilitation, under which
supported employment and other services are provided to persons with
developmental disabilities.  Under existing law, provisions relating
to the submission and approval of proposals for funding of those
services would be repealed on January 1, 2000.
   This bill would extend those provisions for one year.  This bill
would also revise the rate setting provisions of the program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14669.16 of the Government Code is repealed.
  SEC. 2.  Section 15817.5 of the Government Code is repealed.
  SEC. 4.  Section 1596.8713 of the Health and Safety Code is amended
to read:
   1596.8713.  (a) The Department of Justice may charge a fee
sufficient to cover its costs in providing services in accordance
with Section 1596.871 to comply with the 14-day requirement for
provision to the department of the criminal record information, as
contained in subdivision (c) of Section 1596.871.
   (b) Effective January 1, 2000, no fee shall be charged by the
Department of Justice or the State Department of Social Services for
the processing of fingerprints, excluding the rolling fees; or for
obtaining a California or Federal Bureau of Investigation criminal
record, of an applicant or person specified in subdivision (b) of
Section 1596.871 when funds for those purposes are appropriated in
the annual Budget Act.
  SEC. 5.  Section 11970 of the Health and Safety Code is amended to
read:
   11970.  (a) This article shall be known and may be cited as the
Drug Court Partnership Act of 1998.
   (b) The Drug Court Partnership shall be administered by the State
Department of Alcohol and Drug Programs for the purpose of
demonstrating the cost-effectiveness of drug courts operating
pursuant to Sections 1000 to 1000.4, inclusive, of the Penal Code,
and for any defendant who has entered a plea of guilty and is on
active probation.  The department shall design and implement the
program with the concurrence of the Judicial Council.
   (1) This program shall award grants on a competitive basis for
four years to counties that develop and implement drug court programs
operating pursuant to Sections 1000 to 1000.4, inclusive, of the
Penal Code, and for any defendant who has entered a plea of guilty
and is on active probation which are likely to provide the greatest
public safety benefit and be most effective in reducing state and
local costs.
   (2) To be eligible for this grant, the county alcohol and drug
program administrator and the presiding judge shall submit a
multiagency plan that identifies the resources and strategies for
providing an effective drug court program.  The department, in
collaboration with the Judicial Council, shall establish minimum
criteria for evaluating the plans.
   (c) The plan shall include, but not be limited to, the following
components:
   (1) Development of information-sharing systems to ensure that
county actions are fully coordinated, and to provide data for
measuring the success of the grantee in achieving its goals.
   (2) Identification of outcome measures, which shall include, but
not be limited to, the following:
   (A) The annual number of misdemeanor and felony convictions of
persons participating in the program for a minimum of two years after
entry into the program.
   (B) The annual number of admissions to county jail and state
prison of persons participating in the program for a minimum of two
years after entry into the program.
   (C) Other outcome measures identified by the department and the
Judicial Council that will assist in determining the
cost-effectiveness of the program.
   (d) For the purposes of this section, the grants that are
initially awarded using funds appropriated in the Budget Act of 1998
shall be known as "first-round grants" and the grants initially
awarded using funds appropriated in the Budget Act of 1999 shall be
known as "second-round grants."
   (e) The department, in collaboration with the Judicial Council,
shall award both first-round and second-round grants that provide
funding for four years, subject to appropriation in the Budget Act.
Funding shall be used to supplement, rather than supplant, existing
programs.
   (1) Grant funds shall be used for programs that are identified in
the local plan.  Acceptable uses may include, but are not limited to,
the following:  drug court coordinators, training, drug testing,
treatment, transportation, and other costs related to the
implementation of the plan.
   (2) No grant shall be awarded unless the applicant makes available
resources in an amount equal to at least 10 percent of the amount of
the grant in years one and two, and 20 percent of the amount of the
grant in years three and four.
   (f) The department, with concurrence from the Judicial Council,
shall establish minimum standards for use of funds in drug courts
operating pursuant to Sections 1000 to 1000.4, inclusive, of the
Penal Code, and for any defendant who has entered a plea of guilty
and is on active probation, funding schedules, and procedures for
awarding grants, which shall take into consideration, but not be
limited to, all of the following:
   (1) The number of participants who will be served in the program.

   (2) Demonstrated commitment to exceed the minimum match
requirement, such as in-kind contributions from participating
agencies.
   (3) Demonstrated ability to provide treatment to clients who will
be served through the program.
   (4) Demonstrated capacity to administer the program.
   (5) Demonstrated ability to report outcome measures for program
participants and for participants in other comparable drug court
programs administered in the county.
   (6) Demonstrated commitment to the program of participating local
agencies and the court.
   (7) Demonstrated commitment by the drug court to meet the standard
of judicial administration.
   (g) The department, in collaboration with the Judicial Council,
shall create an evaluation design for the Drug Court Partnership that
will assess the effectiveness of the program.  The department,
together with the Judicial Council, shall develop an interim report
to be submitted to the Legislature on or before March 1, 2000, and a
final analysis of the grant program in a report to be submitted to
the Legislature on or before March 1, 2002.
  SEC. 6.  Article 4 (commencing with Section 11970.1) is added to
Chapter 2 of Part 3 of Division 10.5 of the Health and Safety Code,
to read:

      Article 4.  Comprehensive Drug Court Implementation Act of 1999

   11970.1.  (a) This article shall be known and may be cited as the
Comprehensive Drug Court Implementation Act of 1999.
   (b) This article shall be administered by the State Department of
Alcohol and Drug Programs.
   (c) The department and the Judicial Council shall design and
implement this article through the Drug Court Partnership Executive
Steering Committee established under the Drug Court Partnership Act
of 1998 pursuant to Section 11970, for the purpose of funding
cost-effective local drug court systems for adults, juveniles, and
parents of children who are detained by, or are dependents of, the
juvenile court.
   11970.2.  (a) A county alcohol and drug program administrator and
the presiding judge in the county shall develop and submit a
comprehensive multiagency drug court plan for implementing
cost-effective local drug court systems for adults, juveniles, and
parents of children who are detained by, or are dependents of the
juvenile court to be eligible for funding under this chapter.  The
plan shall do all of the following:
   (1) Describe existing programs that serve substance abusing
adults, juveniles, and parents of children who are detained by, or
are dependents of, the juvenile court.
   (2) Provide a local action plan for implementing cost-effective
drug court systems, including any or all of the following drug court
systems:
   (A) Drug courts operating pursuant to Sections 1000 to 1000.5,
inclusive, of the Penal Code.
   (B) Drug courts for juvenile offenders.
   (C) Drug courts for parents of children who are detained by, or
are dependents of, the juvenile court.
   (D) Other drug court systems that are approved by the Drug Court
Partnership Executive Steering Committee.
   (3) Develop information-sharing systems to ensure that county
actions are fully coordinated, and to provide data for measuring the
success of the local action plan in achieving its goals.
   (4) Identify outcome measures that will determine the cost
effectiveness of the local action plan.
   (b) The department, in collaboration with the Judicial Council,
shall distribute funds to eligible counties using the two thousand
five hundred dollars ($2,500) per million/remainder per capita
methodology, subject to appropriation in the Budget Act.  Funding
shall be used to supplement, rather than supplant, existing programs.
  Funding for counties that opt not to participate in the program
shall be distributed on a per capita basis to participating counties.

   (1) Funds distributed to counties shall be used for programs that
are identified in the local plan.  Acceptable uses may include, but
are not limited to, any of the following:  drug court coordinators,
case management, training, drug testing, treatment, transportation,
and other costs related to the implementation of the plan.
   (2) No funds shall be distributed unless the applicant makes
available resources in an amount equal to at least 10 percent of the
amount of the funds distributed in years one and two, and 20 percent
of the amount of the funds distributed in years three, four, and
five.
   (c) The department, with concurrence from the Judicial Council,
shall establish minimum standards, funding schedules, and procedures
for funding programs.
   (d) The department, in collaboration with the Judicial Council,
shall create an evaluation design for the Comprehensive Drug Court
Implementation Act of 1999, that will assess the effectiveness of the
program.  The department, together with the Judicial Council, shall
develop an interim report to be submitted to the Legislature on or
before March 1, 2004, and a final analysis of the program in a report
to be submitted to the Legislature on or before March 1, 2005.
   11970.3.  (a) It is the intent of the Legislature that this
chapter be funded by an appropriation in the annual Budget Act.
   (b) Up to 5 percent of the amount appropriated by the annual
Budget Act is available to the department and the Judicial Council to
administer the program, including technical assistance to counties
and development of an evaluation component.
   11970.4.  This article shall remain operative only until January
1, 2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 7.  Section 1252.3 of the Unemployment Insurance Code is
amended to read:
   1252.3.  (a) Notwithstanding Section 1252, an individual is also
"unemployed," as determined by the director, if (1) the individual
has been laid off from work or is unable to commence work as a direct
result of freezing weather conditions that occurred in this state
from December 20, 1998, to December 28, 1998, inclusive, at the
individual's most recent workplace or regular seasonal workplace, (2)
the individual's continuing unemployment is a direct result of the
freezing weather, (3) the wages payable to the individual for any
week of less than full-time work, when reduced by two hundred dollars
($200), do not equal or exceed the individual's weekly benefit
amount, (4) the individual resides in a county that is covered under
the terms of Order 1267-DR of the Federal Emergency Management Agency
relative to the freezing weather of December 1998, and (5) the
individual is otherwise eligible to receive benefits under this part.

   (b) This section shall become inoperative and shall be repealed on
August 7, 1999.
  SEC. 7.5.  Section 1611.5 of the Unemployment Insurance Code is
amended to read:
   1611.5.  (a) Notwithstanding Section 1611, the Legislature may
appropriate from the Employment Training Fund twenty million dollars
($20,000,000) in the Budget Act of 1997 and five million dollars
($5,000,000) in the Budget Act of 1999 for training programs designed
for workers who are current or recent recipients of benefits under
the CalWORKs program pursuant to Section 10214.7.  The Legislature
may appropriate from the Employment Training Fund thirty million
dollars ($30,000,000) in the Budget Act of 1999 for purposes of
funding the local assistance portion of welfare-to-work activities
under the CalWORKs program, provided for pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, as administered by the State
Department of Social Services.
   (b) Funds available pursuant to the Budget Act of 1997 pursuant to
this section that are not encumbered in the 1997-98 fiscal year may,
upon appropriation by the Legislature, be carried over into the
1998-99 fiscal year for expenditures consistent with Section 10214.7.

  SEC. 8.  Section 9564 of the Welfare and Institutions Code is
amended to read:
   9564.  Nothing in this chapter shall preclude expansion of
Multipurpose Senior Services Program services if cost effectiveness
is demonstrated.  The expansion shall be accomplished by establishing
new sites, increasing numbers of clients served in existing sites,
or by expanding the number of sites to include additional geographic
regions of the state.
  SEC. 9.  Section 10609.4 is added to the Welfare and Institutions
Code, to read:
   10609.4.  (a) On or before July 1, 2000, the State Department of
Social Services, in consultation with county and state
representatives, foster youth, and advocates, shall do both of the
following:
   (1) Develop statewide standards for the implementation and
administration of the Independent Living Program established pursuant
to the federal Consolidated Omnibus Budget Reconciliation Act of
1985 (Public Law 99-272).
   (2) Define the outcomes for the Independent Living Program and the
characteristics of foster youth enrolled in the program for data
collection purposes.
   (b) Each county department of social services shall include in its
annual Independent Living Program report both of the following:
   (1) An accounting of federal and state funds allocated for
implementation of the program.  Expenditures shall be related to the
specific purposes of the program.  Program purposes may include, but
are not limited to, all of the following:
   (A) Enabling participants to seek a high school diploma or its
equivalent or to take part in appropriate vocational training, and
providing job readiness training and placement services, or building
work experience and marketable skills, or both.
   (B) Providing training in daily living skills, budgeting, locating
and maintaining housing, and career planning.
   (C) Providing for individual and group counseling.
   (D) Integrating and coordinating services otherwise available to
participants.
   (E) Providing each participant with a written transitional
independent living plan that will be based on an assessment of his or
her needs and that will be incorporated into his or her case plan.
   (F) Providing participants with other services and assistance
designed to improve independent living.
   (2) A detail of the characteristics of foster youth enrolled in
their independent living programs and the outcomes achieved based on
the information developed by the department pursuant to subdivision
(a).
   (c) In consultation with the department, a county may use
different methods and strategies to achieve the standards and
outcomes of the Independent Living Program developed pursuant to
subdivision (a).
  SEC. 10.  Section 11364 of the Welfare and Institutions Code is
repealed.
  SEC. 11.  Section 11364 is added to the Welfare and Institutions
Code, to read:
   11364.  Notwithstanding subdivision (a) of Section 11450, the rate
paid on behalf of children eligible for a Kin-GAP payment shall
equal 100 percent of the rate for children placed in a licensed or
approved home as specified in subdivisions (a) to (d), inclusive, of
Section 11461.
  SEC. 12.  Section 11369 of the Welfare and Institutions Code is
repealed.
  SEC. 13.  Section 11369 is added to the Welfare and Institutions
Code, to read:
   11369. (a) Notwithstanding the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, through June 30, 2000, the
department may implement the applicable provisions of the Kin-GAP
Program through all county letters or similar instructions from the
director.
   (b) The director shall adopt regulations as otherwise necessary,
to implement the applicable provisions of the Kin-GAP Program no
later than July 1, 2000.  Emergency regulations to implement the
applicable provisions of this act may be adopted by the director in
accordance with the Administrative Procedure Act.  The initial
adoption of the emergency regulations and one readoption of the
initial regulations shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health, safety or
general welfare.  Initial emergency regulations and the first
readoption of those emergency regulations shall be exempt from review
by the Office of Administrative Law.  The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
  SEC. 14.  Section 11370 of the Welfare and Institutions Code is
amended to read:
   11370.  The provisions of this article shall become operative on
January 1, 2000.
  SEC. 15.  Section 11371 is added to the Welfare and Institutions
Code, to read:
   11371.  Income to the child, including the Kin-GAP payment, shall
not be considered income to the kinship guardian for purposes of
determining the kinship guardian's eligibility for any other aid
program, unless required by federal law as a condition of the receipt
of federal financial participation.
  SEC. 16.  Section 11372 is added to the Welfare and Institutions
Code, to read:
   11372.  Notwithstanding any other provision of state law, the
department shall have the authority to exempt children in receipt of
Kin-GAP benefits from any Cal-WORKs requirement that the department
deems necessary so long as the exemption would not jeopardize federal
financial participation in the payment.  Any exemptions exercised
pursuant to this section shall be implemented in accordance with
Section 11369.
  SEC. 17.  Section 11373 is added to the Welfare and Institutions
Code, to read:
   11373.  Two years after the implementation date of this article,
and again five years after the implementation date of this article,
the department shall report to the Legislature information on the
outcomes of the Kin-GAP Program, with the report to include all of
the following:
   (a) The number and characteristics of the children who exited the
child welfare system to the Kin-GAP Program.
   (2) The numbers and types of disruptions to the Kin-GAP Program,
including subsequent substantiated child abuse reports, child welfare
services, and cases where children return to foster care.
   (3) Rates of Kin-GAP exits from foster care compared to relative
adoption and return to parents.
  SEC. 18.  Section 11450 of the Welfare and Institutions Code is
amended to read:
   11450.  (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter.  In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1 shall be deducted from the sum specified in the following
table, as adjusted for cost-of-living increases pursuant to Section
11453 and paragraph (2).  In no case shall the amount of aid paid for
each month exceed the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2), plus any special needs, as specified in subdivisions
(c), (e), and (f):


  Number of
eligible needy
  persons in                               Maximum
the same home                                aid
     1  ...............................    $  326
     2  ...............................       535
     3  ...............................       663
     4  ...............................       788
     5  ...............................       899
     6  ...............................     1,010
     7  ...............................     1,109
     8  ...............................     1,209
     9  ...............................     1,306
    10 or more  .......................     1,403

   If, when, and during such times as the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
   (2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
   (b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount which would otherwise be paid to one
person, as specified in subdivision (a), if the mother, and child if
born, would have qualified for aid under this chapter.  Verification
of pregnancy shall be required as a condition of eligibility for aid
under this subdivision.  Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be paid to
one person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331) and
if the mother and child, if born, would have qualified for aid under
this chapter.
   (c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program.  If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child if born, would have
qualified for aid under this chapter.
   (d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463.  In addition, the child shall be eligible for special
needs, as specified in departmental regulations.
   (e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping service, telephone, and
utilities.  The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the
sum of ten dollars ($10) by the number of recipients in the family
who are eligible for assistance.
   (f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), the
family shall also be entitled to receive an allowance for
nonrecurring special needs.
   (1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family.  The department shall
establish the allowance for each of the nonrecurring special need
items.  The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
   (2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter.  Apparent eligibility exists when evidence presented by the
applicant or which is otherwise available to the county welfare
department and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified.  However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
   A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
                                                (A) (i) A
nonrecurring special need of forty dollars ($40) a day shall be
available to families for the costs of temporary shelter, subject to
the requirements of this paragraph.  County welfare departments may
increase the daily amount available for temporary shelter to large
families as necessary to secure the additional bed space needed by
the family.
   (ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days.  The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
   (iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days.  This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department.  Documentation of housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits.  Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
   (B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence.
   The last month's rent portion of the payment (1) shall not exceed
80 percent of the family's maximum aid payment without special needs
for a family of that size and (2) shall only be made to families that
have found permanent housing costing no more than 80 percent of the
family's maximum aid payment without special needs for a family of
that size, in accordance with the maximum aid schedule specified in
subdivision (a).
   However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (2) of the
preceding paragraph.
   (C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
   (D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing.  If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
   (E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance.  Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance.  Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
   (ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
   (iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation.  These circumstances shall be
verified by a third-party governmental or private health and human
services agency and homeless assistance payments based on these
specific circumstances may not be received more often than once in
any 12-month period.  A county may require that a recipient of
homeless assistance benefits who qualifies under this paragraph for a
second time in a 24-month period participate in a homelessness
avoidance case plan as a condition of eligibility for homeless
assistance benefits.
   (iv) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
   (F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing.  However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
   (G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
   (H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
   (I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
   (g) The department shall establish rules and regulations assuring
the uniform application statewide of this subdivision.
   (h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
   (i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
   The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.

   (j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) of Chapter 2, there shall be paid,
exclusive of any amount considered exempt as income, an amount of aid
each month, which, when added to the child's income, is equal to the
rate specified in Section 11364.
  SEC. 19.  Section 11450.16 of the Welfare and Institutions Code is
amended to read:
   11450.16.  (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
   (b) Every assistance unit shall include at least one of the
following persons:
   (1) One of each of the following:
   (A) An eligible child.
   (B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381), of Chapter 7 of Title 42 of the
United States Code), or Kin-GAP payments under Section 11364, or
foster care payments under Section 11461.
   (2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
   (c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child.  This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
   (d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
   (e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occur:
   (1) There is a common caretaker relative for the eligible
children.
   (2) One caretaker relative marries another caretaker relative.
   (3) Two caretaker relatives are the parents of an eligible child.

   (f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
  SEC. 20.  Section 11461 of the Welfare and Institutions Code is
amended to read:
   11461.  (a) For children placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, the per child per month rates
in the following schedule shall be in effect for the period July 1,
1989, through December 31, 1989:


          Age                            Basic rate
          0-4 .........................    $ 294
          5-8 .........................      319
          9-11 ........................      340
         12-14 ........................      378
         15-20 ........................      412

   (b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
   (2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
   (c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
   (1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
   (2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
   (A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
   (B) Increase the basic rate, as adjusted pursuant to subparagraph
(A) by an additional 5 percent.
   (3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
   (B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
   (4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
   (5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
   (6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelated
legal guardian receiving the basic rate.  The increased rate shall
not be used to compute the monthly amount that may be paid to
licensed foster family agencies for the placement of children in
certified foster homes.
   (d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
   (B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
   (2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
   (B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year shall receive an increase in state
participation for the basic rate of the entire percentage adjustment
described in paragraph (1).
   (3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
   (e) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate.  On the effective date
of this section, the department shall continue and maintain the
current ratesetting system for specialized care.
   (2) Any county that, as of the effective date of this section, has
in effect specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
   (3) Any county that, as of the effective date of this section, has
in effect specialized care increments that exceed the amounts that
have been approved by the department, shall continue to receive the
same level of state participation as it received on the effective
date of this section.
   (4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivision
(c).  No county shall receive state participation for any increases
in a specialized care increment which exceeds the adjustments made in
accordance with this methodology.
   (B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care.  This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes.  It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
   (f) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
   (2) Any county that, as of the effective date of this section, has
in effect clothing allowances, shall continue to receive the same
level as it received on the effective date of this section.
   (3) Beginning January 1, 1990, clothing allowances shall be
adjusted annually in accordance with the methodology for the schedule
of basic rates described in subdivision (c).  No county shall be
reimbursed for any increases in clothing allowances which exceed the
adjustments made in accordance with this methodology.
  SEC. 21.  Section 11462 of the Welfare and Institutions Code is
amended to read:
   11462.  (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates.  The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
   (2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400.  The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
   (b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.

   (c) The rate for each rate classification level (RCL) has been
determined by the department with data from the AFDC-FC Group Home
Rate Classification Pilot Study.  The rates effective July 1, 1990,
were developed using 1985 calendar year costs and reflect adjustments
to the costs for each fiscal year, starting with the 1986-87 fiscal
year, by the amount of the California Necessities Index computed
pursuant to the methodology described in Section 11453.  The data
obtained by the department using 1985 calendar year costs shall be
updated and revised by January 1, 1993.
   (d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
   (e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
   (1) (A) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate.  The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL.  The program audit shall
not cover the first six months of operation under the provisional
rate.  Pending the department's issuance of the program audit report
that determines the RCL for the group home program, the group home
program shall be eligible to receive a provisional rate that shall be
based on the level of care and service that the group home program
proposes it will provide.  The group home program shall be eligible
to receive only the RCL determined by the department during the
pendency of any appeal of the department's RCL determination.
   (B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
   (C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner.  Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination.  The department may
refuse to consider for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the field work portion of the
department's program audit:
   (i) Records of each employee's full name, home address,
occupation, and social security number.
   (ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
   (iii) Total wages paid each payroll period.
   (iv) Records required to be maintained by licensed group home
providers under the provisions of Title 22 of the California Code of
Regulations that are relevant to the RCL determination.
   (D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report.
When the group home provider requests a hearing on the department's
RCL determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision.  Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
   (E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination.  The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination.  The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department.  The hearing officer shall issue
the proposed decision within 45 days of the close of the evidentiary
record.  The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision.  If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
   (2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department.  The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
   (3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility.  Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
   (4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care.  This notification shall be provided
whether or not the RCL                                            for
the program may change as a result of the change in staffing
pattern.
   (f) The standardized schedule of rates for fiscal year 1998-99 is:




         Rate            Point Ranges        FY 1998-99
     Classification                           Standard
         Level                                  Rate
           1               Under 60            $1,254
           2                 60- 89             1,567
           3                 90-119             1,879
           4                120-149             2,191
           5                150-179             2,502
           6                180-209             2,815
           7                210-239             3,127
           8                240-269             3,440
           9                270-299             3,751
          10                300-329             4,064
          11                330-359             4,375
          12                360-389             4,688
          13                390-419             5,003
          14                420 & Up            5,314

   (g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453.  The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar.  The
resultant amounts shall constitute the new standardized schedule of
rates.
   (2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds.  The resultant amounts shall constitute the
new standardized schedule of rates.
   (h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
   (1) Any group home program which received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
   (2) Any group home program which received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
   (i) (1) The department shall not establish a rate for a new
program of a new or existing provider unless the provider submits a
recommendation from the host county, the primary placing county, or a
regional consortium of counties that the program is needed in that
county; that the provider is capable of effectively and efficiently
operating the program; and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
   (2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
   (3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
   (j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
   (k) (1) For the purpose of this subdivision, "program change"
means any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate.  An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
   (2) For the 1998-99 and 1999-2000 fiscal years, the rate for a
group home program shall not increase, as the result of a program
change, from the rate established for the program effective July 1,
1999, and as adjusted pursuant to subparagraph (B) of paragraph (1)
of subdivision (g), except as provided in paragraph (3).
   (3) (A) For the 1998-99 and 1999-2000 fiscal years, the department
shall not establish a rate for a new program of a new or existing
provider or approve a program change for an existing provider that
either increases the program's RCL or AFDC-FC rate, or increases the
licensed capacity of the program as a result of decreases in another
program with a lower RCL or lower AFDC-FC rate that is operated by
that provider, unless both of the conditions specified in this
paragraph are met.
   (i) The licensee obtains a letter of recommendation from the host
county, primary placing county, or regional consortium of counties
regarding the proposed program change or new program.
   (ii) The county determines that there is no increased cost to the
General Fund.
   (B) Notwithstanding subparagraph (A), the department may grant a
request for a new program or program change, not to exceed 25 beds,
statewide, if (i) the licensee obtains a letter of recommendation
from the host county, primary placing county, or regional consortium
of counties regarding the proposed program change or new program, and
(ii) the new program or program change will result in a reduction of
referrals to state hospitals during the 1998-99 fiscal year.
   (l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section.  The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
   (m) The department shall, by October 1 each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care which may have significant fiscal impact on
providers of group homes care.  The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
  SEC. 22.  Section 11463 of the Welfare and Institutions Code is
amended to read:
   11463.  (a) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
   No county shall be reimbursed for any percentage increases in
payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, which exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
   (b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care.  Distinction for ratesetting purposes shall be drawn between
foster family agencies which provide treatment of children in foster
families and those which provide nontreatment services.
   (c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions about
the setting of an agency's rate.
   (d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the department'
s regulations for foster family agencies shall be adjusted by an
amount equal to the California Necessities Index computed pursuant to
Section 11453, rounded to the nearest dollar.  The resultant amounts
shall constitute the new schedule of rates for foster family
agencies, subject to further adjustment pursuant to paragraph (2).
   (2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the components
used in the rate calculations specified in the department's
regulations for foster family agencies shall be increased by 2.36
percent, rounded to the nearest dollar.  The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (f) For the 1999-2000 fiscal year, foster family agency rates that
are not determined by the schedule of rates set forth in the
department's regulations, shall be increased by the same percentage
as provided in subdivision (e).
  SEC. 23.  Section 11465 of the Welfare and Institutions Code is
amended to read:
   11465.  (a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf
of the parent shall include an amount for care and supervision of the
child.
   (b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
   (c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar.  The
resultant amounts shall constitute the new uniform rate.
   (2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be adjusted by an amount equal to the California Necessities
Index computed pursuant to Section 11453, rounded to the nearest
dollar.  The resultant amounts shall constitute the new uniform rate,
subject to further adjustment pursuant to paragraph (B).
   (B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar.  The
resultant amounts shall constitute the new uniform rate.
   (3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
  SEC. 24.  Section 12200.018 of the Welfare and Institutions Code is
repealed.
  SEC. 32.  Section 14132.90 of the Welfare and Institutions Code is
amended to read:
   14132.90.  (a) As of September 15, 1995, day care habilitative
services, pursuant to subdivision (c) of Section 14021 shall be
provided only to alcohol and drug exposed pregnant women and women in
the postpartum period, or as required by federal law.
   (b) (1) Notwithstanding any other provision of law, except to the
extent required by federal law, if, as of May 15, 2000, the projected
costs for the 1999-2000 fiscal year for outpatient drug abuse
services, as described in Section 14021, exceed forty-five million
dollars ($45,000,000) in state General Fund moneys, then the
outpatient drug free services, as defined in Section 51341.1 of Title
22 of the California Code of Regulations, shall not be a benefit
under this chapter as of July 1, 2000.  The Department of Alcohol and
Drug Programs shall report to the Legislature, no later than January
1, 2000, on the impact of the provisions specified in this paragraph
on client access to outpatient drug abuse services.
   (2) Notwithstanding paragraph (1), narcotic replacement therapy
and Naltrexone shall remain benefits under this chapter.
   (3) Notwithstanding paragraph (1), residential care, outpatient
drug free services, and day care habilitative services, for alcohol
and drug exposed pregnant women and women in the postpartum period
shall remain benefits under this chapter.
   (c) Expenditures for services purchased at the direction of county
welfare departments on behalf of CalWORKs recipients shall not be
included in the computation of costs for subdivision (b).
   (d) For the 1999-2000 fiscal year and each fiscal year thereafter,
there shall be separate annual fiscal year General Fund
appropriations for drug Medi-Cal perinatal services (Item
4200-104-0001 of the Budget Act), drug Medi-Cal nonperinatal services
(Item 4200-103-0001 of the Budget Act), nondrug Medi-Cal perinatal
services (Item 4200-102-0001 of the Budget Act), and nondrug Medi-Cal
nonperinatal services (Item 4200-101-0001 of the Budget Act).
   (e) Notwithstanding any other provision of law, the State
Department of Alcohol and Drug Programs shall maintain a contingency
reserve of the reappropriated General Fund moneys for the purpose of
drug Medi-Cal program expenditures.
   (f) Unexpended General Fund moneys appropriated for the drug
Medi-Cal program may be transferred for use as nondrug Medi-Cal
county expenditures in the current or budget years.  Unexpended
General Fund moneys shall not be transferred from nondrug Medi-Cal to
the drug Medi-Cal program for purposes of providing matching funds
for federal financial participation.
  SEC. 34.  Section 15200.81 of the Welfare and Institutions Code is
amended to read:
   15200.81.  (a) For the 1998-99 fiscal year the department shall
pay to each county a child support incentive payment.  Every county
shall receive the federal child support incentive.  A county shall
receive the state child support incentive if it elects to do both of
the following:
   (1) Comply with the reporting requirements of Section 11475.8
while federal financial participation is available for collecting and
reporting data.
   (2) Comply with federal and state child support laws and
regulations, or has a corrective action plan certified by the
department pursuant to Section 15200.75.  The combined federal and
state incentive payment shall be 13.6 percent of distributed
collections.  If the amount appropriated by the Legislature for the
state incentives is less than the amount necessary to satisfy each
county's actual incentives pursuant to this section, each county
shall receive its proportional share of incentives.
   (b) (1) Beginning July 1, 1999, the department shall pay to each
county a child support incentive for child support collections.
Every county shall receive the federal child support incentive.  The
combined federal and state incentive payments shall be 13.6 percent
of distributed collections.  In addition to the federal child support
incentive, each county may also receive a state child support
incentive.  Subject to subdivision (c), a county shall receive the
state child support incentive if it elects to do both of the
following:
   (A) Comply with the reporting requirements of Section 11475.8
while federal financial participation is available for collecting and
reporting data.
   (B) Be in compliance with federal and state child support laws and
regulations, or have a corrective action plan certified by the
department pursuant to Section 15200.75.  If the amount appropriated
by the Legislature for the state incentives is less than the amount
necessary to satisfy each county's actual incentives pursuant to this
section, each county shall receive its proportional share of the
incentives.
   (2) (A) For purposes of paragraph (1), the federal incentive
component shall be each county's share of the child support incentive
payments that the state receives from the federal government, based
on the county's collections.
   (B) (i) Effective July 1, 1999, and annually thereafter, state
funds appropriated for child support incentives shall first be used
to fund the administrative costs incurred by local child support
agencies in administering the child support program, after
subtracting all federal financial participation for administrative
costs and all federal child support incentives received by the state
and passed on to the local child support agencies.  The department
shall allocate sufficient resources to each local child support
agency to fully fund the remaining administrative costs, subject to
approval by the department and the appropriation of funding in the
annual Budget Act.  No later than January 1, 2000, the department
shall identify allowable administrative costs that may be claimed for
reimbursement from the state, which shall be limited to reasonable
amounts in relation to the scope of services and the total funds
available.  If the total amount of administrative costs claimed in
any year exceeds the amount appropriated in the Budget Act, the
amount provided to local child support agencies shall be reduced by
the percentage necessary to ensure that projected General Fund
expenditures do not exceed the amount authorized in the Budget Act.
   (ii) Effective July 1, 2000, and annually thereafter, after
allowable administrative costs are funded under clause (i), the
department shall use any remaining incentive funds appropriated from
the prior fiscal year which are hereby reappropriated to implement an
incentive program that rewards up to 10 local child support agencies
in each year, based on their proportional level of collections and
their increase in performance over the prior year.  The proportional
collections standard shall be based on each local child support
agency's collections relative to the total amount owed in the
following categories:  (A) collections on behalf of previously aided
families that received CalWORKs benefits after December 31, 1997, and
are no longer receiving benefits; and (B) collections that are used
to reduce or repay aid that is paid pursuant to this division.  The
performance improvement standard shall measure the percent
improvement for each local child support agency in the two categories
of collections over the prior year.  The department shall determine
the number of local agencies that receive state incentive funds under
this program, subject to a maximum of five agencies under each
standard, and shall determine the amount received by each local
agency based on the availability of funds and each local child
support agency's proportional share of distributed collections.
   (iii) State funds received by any local child support agency
pursuant to clauses (i) and (ii) shall be limited to no more than 13
percent of that agency's total distributed collections.  Any funds
received pursuant to this subdivision shall be used only for child
support enforcement activities.
   (c) (1) Beginning October 1, 1999, any county whose performance
score is in the bottom quartile of all counties and whose rate of
improvement over the prior year is less than the statewide average
shall receive its state incentive only upon accepting technical
assistance from the department, as set forth in paragraph (3).
   (2) The welfare performance score for each county is calculated by
dividing the county's collections on behalf of children receiving
CalWORKs benefits pursuant to Article 6 (commencing with Section
11450) of Chapter 2 in the previous fiscal year by the county's
average CalWORKs caseload in the previous fiscal year.
   (3) The department, in consultation with experts from other
counties, as appropriate, shall conduct a program review of the
county's child support program, which shall include a review of the
county's management practices, and provide technical assistance.  If
the county chooses to receive its state incentives under this
section, the county shall comply with the recommendations of this
review.
   (d) Each county shall continue to receive its federal child
support incentive funding whether or not it elects to participate in
the state child support incentive funding program.
   (e) The department shall provide incentive funds pursuant to this
section only during any fiscal year in which funding is provided for
that purpose in the Budget Act.
  SEC. 35.  Section 15204.3 of the Welfare and Institutions Code is
amended to read:
   15204.3.  (a) Beginning in the 2000-01 fiscal year, allocation of
funds provided under Section 15204.2 shall be made, in the case of
funds for benefits administration and employment services, based on
projected county costs and subject to funds appropriated in the
annual Budget Act for operating the CalWORKs program under Chapter 2
(commencing with Section 11200).  By November 1, 1999, the department
and the County Welfare Directors Association shall jointly develop
the specific components of this budgeting methodology, including a
process for ensuring that costs funded under the methodology are
reasonable and consistent with the requirements of this chapter.
   (b) No later than November 1, 2002, the Welfare Reform Steering
Committee shall review the efficacy of the methodology in subdivision
(a) and make recommendations, if any, for modification to the
methodology.
   (c) In the 1997-98 fiscal year, additional funds for
welfare-to-work administration above GAIN allocation in the 1996-97
fiscal year shall be distributed among the counties with two-thirds
allocated to all counties based on each county's share of adults
aided under Chapter 2 (commencing with Section 11200).  The remaining
one-third shall be allocated among only those counties that in the
prior year received an allocation per average aided adult at a level
less than the statewide average, and shall be distributed among those
counties so that they each receive the same overall allocation per
average aided adult for welfare-to-work administration.
   (d) For purposes of this section, and subject to funds
appropriated in the annual Budget Act, no county shall receive less
for employment services than what was received in the 1997-98 fiscal
year allocation for welfare-to-work administration  unless a county
projects that its cost will be less than its 1997-98 fiscal year
allocation for employment services.
  SEC. 36.  Section 15766 is added to the Welfare and Institutions
Code, to read:
   15766.  The investigation of allegations of elder and dependent
adult abuse pursuant to this chapter, and the case management of
elder and dependent adult abuse cases shall be performed by county
merit systems civil service employees.  A county adult protective
service agency may utilize a contracted private or nonprofit
telephone answering service after normal working hours and on
weekends and holidays.  Such a contracted telephone service shall
immediately forward to a county merit systems civil service employee
any report of abuse or neglect of an elder or dependent adult, unless
the caller is:  (a) requesting routine information only; (b)
reporting an incident of abuse which occurred prior to the date of
the call, which does not at the time of the call put the victim at
risk; or (c) requesting information not related to the adult
protective service program, and the person answering the telephone
meets the standards established by the department.
  SEC. 37.  Section 16164 of the Welfare and Institutions Code is
amended to read:
   16164.  (a) The Office of the State Foster Care Ombudsperson shall
do all of the following:
   (1) Disseminate information on the rights of children and youth in
foster care and the services provided by the office.  The
information shall include notification that conversations with the
office may not be confidential.
   (2) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services.
   (3) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
   (4) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
   (5) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
   (6) Document the number, source, origin, location, and nature of
complaints.
   (7) Compile and make available to the Legislature all data
collected over the course of the year including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, the number of investigations performed by the
office, the number of referrals made, and the number of unresolved
complaints.
   (8) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities, and may meet or
communicate with any foster child in his or her placement or
elsewhere.
   (b) The office may establish, in consultation with a committee of
interested individuals, regional or local foster care ombudsperson
offices for the purposes of expediting investigations and resolving
complaints, subject to appropriations in the annual Budget Act.
  SEC. 38.  Section 16501.3 is added to the Welfare and Institutions
Code, to read:
   16501.3.  (a) The Department of Social Services shall establish a
program of public health nursing in the child welfare services
program.  The purpose of the public health nursing program shall be
to enhance the physical, mental, dental, and developmental well-being
of children in the child welfare system.
   (b) As a condition of receiving funds under this section, counties
shall use the services of a foster care public health nurse.  The
foster care public health nurse shall work with the appropriate child
welfare services workers to coordinate health care services and
serve as a liaison with health care professionals and other providers
of health-related services.  This shall include coordination with
county mental health plans and local health jurisdictions, as
appropriate.
   (c) The duties of a foster care public health nurse may include,
but need not be limited to, the following:
   (1) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for
            early intervention services, specialty services, dental
care, mental health services, and other health-related services
required by the child.
   (2) Participating in medical care planning and coordinating for
the child.  This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
   (3) Providing follow-up contact to assess the child's progress in
meeting treatment goals.
   (d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel.  Notwithstanding
any other provision of law, this section shall be implemented only
if, and to the extent that, the department determines that federal
financial participation, as provided under Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
   (e) Notwithstanding Section 10101 of the Welfare and Institutions
Code, there shall be no required county match of the nonfederal cost
of this program.
  SEC. 41.  Section 18358.30 of the Welfare and Institutions Code is
amended to read:
   18358.30.  (a) Rates for foster family agency programs
participating under this chapter shall be exempt from the current
AFDC-FC foster family agency ratesetting system.
   (b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family.  For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement.  For an eligible child
assessed by the county interagency review team as at imminent risk
of group home placement or psychiatric hospitalization, the
appropriate service and rate level for the child shall be determined
by the interagency review team at time of placement.  In all of the
service and rate levels, the foster family agency programs shall:
   (1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.
   (2) Pay an amount of one thousand two hundred dollars ($1,200) per
child per month to the certified foster parent or parents.
   (3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.
   (4) (A) (i) Provide a minimum average range of service per month
for children in each service and rate level in a participating foster
family agency, represented by paid employee hours incurred by the
participating foster family agency, by the in-home support counselor
to the eligible child and the certified foster parents depending on
the needs of the child and according to the following schedule:


         Service                      In-Home Support
           and                        Counselor Hours
        Rate Level                       Per Month
            A                           98-114 hours
            B                           81- 97 hours
            C                           64- 80 hours
            D                           47- 63 hours

   (ii) Children placed at Service and Rate Level E shall receive
crisis intervention and other support services on a flexible, as
needed, basis from an in-home support counselor.  The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
   (B) When the interagency review team and the foster family agency
agree that alternative services are in the best interests of the
child, the foster family agency may provide the following types of
services in lieu of in-home support services required by subparagraph
(A):
   (i) Therapy.
   (ii) Behavior modification services.
   (iii) Support counselor services.
   (iv) Psychotropic medication and monitoring.
   (v) Respite services.
   (vi) Family therapy to aid in family reunification.
   (vii) Education liaison services to maintain the child in the
classroom.
   (c) The department or placing county, or both, may review the
level of services provided by the foster family agency program.  If
the level of services actually provided are less than those required
by subdivision (b) for the child's service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.
   (d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:


         Service                        Fiscal Year
           and                            1998-99
        Rate Level                     Standard Rate
            A                             $3,957
            B                             $3,628
            C                             $3,290
            D                             $2,970
            E                             $2,639

   (2) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded to the
nearest dollar.  The resultant amounts shall constitute the new
standardized rate schedule, subject to further adjustment pursuant to
subparagraph (B), for foster family agency programs participating
under this chapter.
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized schedule of rates shall be
increased by 2.36 percent, rounded to the nearest dollar.  The
resultant amounts shall constitute the new standardized rate schedule
for foster family agency programs participating under this chapter.

   (3) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the California Necessities Index computed pursuant to Section 11453,
subject to the availability of funds.  The resultant amounts, rounded
to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under this
chapter.
   (e) Rates for foster family agency programs participating under
this chapter shall not exceed Service and Rate Level A at any time
during an eligible child's placement.  An eligible child may be
initially placed in a participating intensive foster care program at
any one of the five Service and Rate Levels A to E, inclusive, and
thereafter placed at any level, either higher or lower, not to exceed
a total of six months at any level other than Service and Rate Level
E, unless it is determined to be in the best interests of the child
by the child's county interagency review team and the child's
certified foster parents.  The child's interagency county interagency
placement review team may, through a formal review of the child's
placement, extend the placement of an eligible child in a service and
rate level higher than Service and Rate Level E for additional
periods of up to six months each.
   (f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child's need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.
   (g) It is the intent of the Legislature to prohibit any
duplication of public funding.  Therefore, social worker services,
payments to certified foster parents, administrative activities, and
the services of in-home support counselors that are funded by another
public source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b).  The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.
  SEC. 41.5.  Section 18930 of the Welfare and Institutions Code, as
added by Section 34 of Chapter 329 of the Statutes of 1998, is
amended to read:
   18930.  (a) The State Department of Social Services shall
establish a Food Assistance Program to provide assistance for those
persons described in subdivision (b).  The department shall enter
into an agreement with the United States Department of Agriculture to
use the existing federal Food Stamp Program coupons for the purposes
of administering this program.  Persons who are members of a
household receiving food stamp benefits under this chapter or under
Chapter 10 (commencing with Section 18900), and are receiving
CalWORKs benefits under Chapter 2 (commencing with Section 11200) of
Part 3 on September 1, 1998, shall have eligibility determined under
this chapter without need for a new application no later than
November 1, 1998, and the beginning date of assistance under this
chapter for those persons shall be September 1, 1998.
   (b) (1) Except as provided in paragraphs (2), (3), and (4) and
Section 18930.5, noncitizens of the United States shall be eligible
for the program established pursuant to subdivision (a) if the person'
s immigration status meets the eligibility criteria of the federal
Food Stamp Program in effect on August 21, 1996, but he or she is not
eligible for federal food stamp benefits solely due to his or her
immigration status under Public Law 104-193 and any subsequent
amendments thereto.
   (2) Noncitizens of the United States shall be eligible for the
program established pursuant to subdivision (a) if the person is a
battered immigrant spouse or child or the parent or child of the
battered immigrant, as described in Section 1641(c) of Title 8 of the
United States Code, as amended by Section 5571 of Public Law 105-33,
or if the person is a Cuban or Haitian entrant as described in
Section 501(e) of the federal Refugee Education Assistance Act of
1980 (Public Law 96-122).
   (3) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following apply:
   (A) The sponsor has died.
   (B) The sponsor is disabled as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
   (C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
   (4) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, who does not
meet one of the conditions of paragraph (3), shall be eligible for
aid under this chapter for the period beginning on October 1, 1999,
and ending September 30, 2000.
   (5) The applicant shall be required to provide verification that
one of the conditions of subparagraph (A), (B), or (C) have been met.

   (6) For purposes of subparagraph (C) of paragraph (2), abuse shall
be defined in the same manner as provided in Section 11495.1 and
Section 11495.12.  A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to competently
swear, shall be sufficient to establish abuse if one or more
additional items of evidence of abuse is also provided.  Additional
evidence may include, but is not limited to, the following:
   (A) Police, government agency, or court records or files.
   (B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
   (C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
   (D) Physical evidence of abuse.
   (7) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
   (c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for the
program established by this chapter.
   (d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating food stamp
benefits under Chapter 10 (commencing with Section 18900).
   (2) No household shall receive more food stamp benefits under this
section than it would if no household member was rendered ineligible
pursuant to Title IV of Public Law 104-193 and any subsequent
amendments thereto.
   (e) This section shall become operative on September 1, 1998.
  SEC. 41.6.  Section 18930.5 of the Welfare and Institutions Code is
amended to read:
   18930.5.  (a) As a condition of eligibility for assistance under
this chapter:
   (1) A recipient who is also receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 shall be required to
satisfactorily participate in welfare-to-work activities in
accordance with the recipient's welfare-to-work plan developed
pursuant to Section 11325.21.
   (2) A recipient who is not receiving aid under Chapter 2 shall be
required to meet the federal Food Stamp Program work requirement
specified in Section 6(o) of the Food Stamp Act of 1977 and any
subsequent amendments thereto.
   (b) This section shall become operative on September 1, 1998.
  SEC. 42.  Section 18932 of the Welfare and Institutions Code is
amended to read:
   18932.  (a) Except as otherwise provided in this chapter, the
federal and state laws and regulations governing the federal Food
Stamp Program shall also govern the program provided for under this
chapter.
   (b) Federal deeming rules and exemptions governing the federal
Food Stamp Program shall also govern the program provided for under
this chapter, except that for immigrants with affidavits of support
under Section 1183a of Title 8 of the United States Code who do not
meet exemptions from deeming, the period for deeming of a sponsor's
income and resources shall be three years from the date of the
sponsor's execution of the affidavit of support pursuant to Section
1183a of Title 8 of the United States Code.
   (c) Notwithstanding any other provision in this chapter,
immigrants who are victims of abuse by their sponsor or sponsor's
spouse shall be exempt from deeming.  Abuse shall be defined in the
same manner as provided in Section 11495.1 and Section 11495.12.  A
sworn statement of abuse by a victim, or the representative of the
victim if the victim is not able to competently swear, shall be
sufficient to establish abuse if one or more additional items of
evidence of abuse is also provided.  Additional evidence may include,
but is not limited to, the following:
   (1) Police, government agency, or court records or files.
   (2) Documentation from a domestic violence program, or from a
legal, clinical, medical, or other professional from whom the
applicant or recipient has sought assistance in dealing with abuse.
   (3) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
   (4) Physical evidence of abuse.
   (5) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
  SEC. 42.5.  Section 18934 of the Welfare and Institutions Code is
amended to read:
   18934.  (a) It is the intent of the Legislature to appropriate
funds in the Budget Act for the purpose of providing services under
this chapter.
  SEC. 42.6.  Section 18935 is added to the Welfare and Institutions
Code, to read:
   18935.  This chapter shall be implemented only during any period
that federal benefits are provided under Section 1612(a) of Title 8
of the United States Code.
  SEC. 42.7.  Section 18938 of the Welfare and Institutions Code is
amended to read:
   18938.  (a) (1) Subject to paragraphs (2) and (3), an individual,
upon application, shall be eligible for the program established
pursuant to Section 18937 if his or her immigration status meets the
eligibility criteria of the Supplemental Security Income/State
Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) in
effect on August 21, 1996, but he or she is not eligible for SSI/SSP
benefits solely due to his or her immigration status under Title IV
of Public Law 104-193 and any subsequent amendments thereto.
   (2) An applicant who is otherwise eligible for the program, but
who entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following conditions is met:
   (A) The sponsor has died.
   (B) The sponsor is disabled, as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
   (C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
   (3) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, and who does
not meet one of the conditions of paragraph (2) shall be eligible for
aid under this chapter for the period beginning on October 1, 1999,
and ending on September 30, 2000.
   (4) The applicant shall be required to provide verification that
one of the conditions of subparagraphs (A), (B), or (C) of paragraph
(2) has been met.
   (5) (A) For purposes of subparagraph (C) of paragraph (2), abuse
shall be defined in the same manner as provided in Section 11495.1
and Section 11495.12.  A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to
competently swear, shall be sufficient to establish abuse if one or
more additional items of evidence of abuse is also provided.
Additional evidence may include, but is not limited to, the
following:
   (i) Police, government agency, or court records or files.
   (ii) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
   (iii) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
   (iv) Physical evidence of abuse.
   (B) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in the case file that the applicant is
credible.
   (b) The department shall periodically redetermine the eligibility
of each individual.
   (c) The department shall take all steps necessary to qualify any
benefits paid under this section to be eligible for reimbursement as
federal Interim Assistance including requiring a repayment agreement.

  SEC. 43.  Section 18940 of the Welfare and Institutions Code is
amended to read:
   18940.  (a) Except as otherwise provided in this chapter, the
federal and state laws and regulations governing the SSI/SSP program
shall also govern the program provided for under this chapter.
   (b) Federal deeming rules and exemptions governing the SSI/SSP
program, including all federal and state laws and regulations
designed to protect SSI/SSP recipients and their resources, shall
also govern the program provided for under this chapter, except that
for immigrants with affidavits of support under Section 1183a of
Title 8 of the United States Code who do not meet exemptions from
deeming, the period for deeming of a sponsor's income and resources
shall be five years from the date of the sponsor's execution of the
affidavit of support pursuant to Section 1183a of Title 8 of the
United States Code.
   (c) Notwithstanding any other provision in this chapter,
immigrants who are victims of abuse by their sponsor or sponsor's
spouse shall be exempt from deeming.  Abuse shall be defined in the
same manner as provided in Section 11495.1 and Section 11495.12.  A
sworn statement of abuse by a victim, or the representative of the
victim if the victim is not able to competently swear, shall be
sufficient to establish abuse if one or more additional items of
evidence of abuse is also provided.  Additional evidence may include,
but is not limited to, the following:
   (1) Police, government agency, or court records or files.
   (2) Documentation from a domestic violence program, or from a
legal, clinical, medical, or other professional from whom the
applicant or recipient has sought assistance in dealing with abuse.
   (3) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
   (4) Physical evidence of abuse.
   (5) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
  SEC. 43.5.  Section 18944 of the Welfare and Institutions Code is
amended to read:
   18944.  (a) It is the intent of the Legislature to appropriate
funds in the Budget Act for the purpose of providing services under
this chapter.
   (b) This chapter shall become operative on:
   (1) October 1, 1998, for those individuals who are eligible for
aid under this chapter and are discontinued from the SSI/SSP program
effective with their September 1998 benefits as a result of their
immigration status under Title IV of Public Law 104-193 and any
subsequent amendments thereto.  Until the counties begin full
operation the department shall cause a payment to each individual or
couple to be issued through the Controller so that there is no
interruption in these individual's receipt of aid to which they are
eligible under this chapter.
   (2) November 1, 1998, for applicants for this program to have
their applications accepted by county welfare departments, and
establish a beginning date of aid.  Counties shall have the ability
to make eligibility determinations and cause the issuance of payments
no later than December 1, 1998, unless the federal government has
agreed to provide the services under this chapter at an earlier date.

   (c) This chapter shall be implemented only during any period that
federal benefits are provided under Section 1612(a) of Title 8 of the
United States Code.
  SEC. 44.  Section 19091 of the Welfare and Institutions Code is
amended to read:
   19091.  (a) Pursuant to federal law, there is a State Independent
Living Council, that shall advise and assist the director in carrying
out the independent living provisions of this division and federal
law.
   (b) The membership of the council shall be appointed by the
Governor and shall be composed of the representatives specified in
Section 796d of Title 29 of the United States Code.
  SEC. 45.  Section 19092 of the Welfare and Institutions Code is
amended to read:
   19092.  (a) The functions of the State Rehabilitation Advisory
Council and the State Independent Living Council and terms of
appointment of the members thereof shall be governed by Chapter 16
(commencing with Section 701) of Title 29 of the United States Code.

   (b) Members of the councils described in subdivision (a) shall be
reimbursed for the actual costs of reasonable and necessary expenses,
including child care and personal assistance services, incurred when
attending council meetings and or performing council duties.  In
addition, any member who is unemployed or who is required to forfeit
wages from other employment shall be compensated one hundred dollars
($100) per day for each day the member is engaged in attending
council meetings and or performing duties of the council.
   (c) The director, in consultation with the councils, shall provide
necessary staff support and assistance for the respective councils
to carry out their functions.
  SEC. 46.  Section 19355.5 of the Welfare and Institutions Code is
amended to read:
   19355.5.  Notwithstanding any other provision of law, effective
July 1, 1999, the twenty-seven dollar and fifty cent ($27.50) hourly
rate for supported employment services established for the 1999-2000
fiscal year pursuant to paragraph (2) of subdivision (b) of Section
19356.6 shall be reduced by the percentage necessary to ensure that
projected total General Fund expenditures and reimbursements for
habilitation services and vocational rehabilitation supported
employment services, including services pursuant to paragraph (2) of,
and clauses (i) to (iii), inclusive, of subparagraph (B) of
paragraph (2) of, subdivision (b) of Section 19356.6, and, for the
habilitation services program only, ancillary services, based on
Budget Act caseload projections, do not exceed the General Fund and
reimbursement appropriations for these services in the Budget Act of
1999.
  SEC. 47.  Section 19356.6 of the Welfare and Institutions Code is
amended to read:
   19356.6.  (a) The definitions contained in this subdivision shall
govern the construction of this section, with respect to services
provided through the Habilitation Services Program, and unless the
context requires otherwise, the following terms shall have the
following meanings:
   (1) "Supported employment" means paid work that is integrated in
the community for individuals with developmental disabilities whose
vocational disability is so severe that they would be unable to
achieve this employment without specialized services and would not be
able to retain this employment without an appropriate level of
ongoing postemployment support services.
   (2) "Integrated work" means the engagement of an employee with a
disability in work in a setting typically found in the community in
which individuals interact with nondisabled individuals other than
those who are providing services to those individuals, to the same
extent that nondisabled individuals in comparable positions interact
with other persons.

          (3) "Supported employment placement" means the employment
of an individual with a developmental disability by an employer in
the community, directly or through contract with a supported
employment program, and the provision of supported employment
services and, the provision of ongoing postemployment services
necessary for the individual to retain employment.  Services for
those individuals receiving one-to-one training and support services
from a supported employment program shall decrease as the individual
adjusts to his or her employment and the employer assumes many of
those functions.
   (4) For individuals receiving postemployment support services at a
job coach-to-client ratio of one-to-one or one-to-two,
postemployment services may be provided on or off the jobsite, except
that no ancillary services may be provided pursuant to subparagraph
(A) of paragraph (2) of subdivision (b).
   (5) For individuals receiving postemployment support services at a
job coach-to-client ratio of other than one-to-one or one-to-two,
ancillary services may be provided, except that all postemployment
and ancillary services shall be provided at the worksite.
   (6) "Allowable supported employment services" means the services
approved in the individual habilitation component and provided, to
the extent allowed by the Habilitation Services Program for the
purpose of achieving supported employment as an outcome for
individuals with developmental disabilities, which may include any of
the following:
   (A) Program staff time spent conducting job analysis of supported
employment opportunities for a specific consumer.
   (B) Program staff time spent in the direct supervision or training
of a consumer or consumers while they engage in integrated work
unless other arrangements for consumer supervision, such as employer
supervision reimbursed by the supported employment program, are
approved by the Habilitation Services Program.
   (C) Training occurring in the community, in adaptive functional
and social skills necessary to ensure job adjustment and retention
such as social skills, money management, and independent travel.
   (D) Counseling with a consumer's significant others to ensure
support of a consumer in job adjustment.
   (E) Advocacy or intervention on behalf of a consumer to resolve
problems affecting the consumer's work adjustment or retention.
   (F) Job development to the extent authorized by the Habilitation
Services Program.
   (G) Ongoing postemployment support services needed to ensure the
consumer's retention of the job.
   (b) (1) The Habilitation Services Program shall set rates for
supported employment services provided in accordance with this
section.  The Habilitation Services Program shall apply those rates
to those work-activity programs or program components of
work-activity programs approved by the department to provide
supported employment and to new programs or components approved by
the Habilitation Services Program to provide supported employment
services.  Both of these categories of programs or components shall
be required to comply with the criteria set forth in subdivision (b)
of Section 19356.7 to receive approval from the Habilitation Services
Program.
   (2) The hourly rate for supported employment services shall be
twenty-seven dollars and fifty cents ($27.50).  If more than one
consumer is receiving supported employment services simultaneously
from the same job coach, the following shall apply:
   (A) The total amount reimbursed for that service shall not exceed
the authorized rate for supported employment services.  In addition,
the Habilitation Services Program may set a higher hourly rate for
supported employment services provided to an individual in this
configuration, based upon the additional cost to provide ancillary
services, when there is a documented and demonstrated need for a
higher rate because of the nature and severity of the disabilities of
the consumer, as determined by the Habilitation Services Program.
   (B) In addition, fees shall be authorized for the following:
   (i) A two hundred dollar ($200) fee shall be paid upon intake of a
consumer into an agency's supported employment program, unless that
individual has completed a supported employment intake process with
that same agency within the past 12 months, in which case no fee
shall be paid.
   (ii) A four hundred dollar ($400) fee shall be paid upon placement
of an individual in an integrated job, unless that individual is
placed with another consumer or consumers assigned to the same job
coach during the same hours of employment, in which case no fee shall
be paid.
   (iii) A four hundred dollar ($400) fee shall be paid after a
90-day retention of a consumer in a job, unless that individual has
been placed with another consumer or consumers, assigned to the same
job coach during the same hours of employment, in which case no fee
shall be paid.
   (3) These rates shall take effect July 1, 1998.
   (4) It is the intent of the Legislature that, commencing July 1,
1996, the department establish rates for both habilitation services
and vocational rehabilitation supported employment services pursuant
to this section.
   (c) If a consumer has been placed on a waiting list for vocational
rehabilitation as a result of the department's order of selection
regulations, the Habilitation Services Program may pay for those
supported employment services leading to job development set forth in
subparagraph (B) of paragraph (2) of subdivision (b).
   (d) This section shall become inoperative on July 1, 2000, and, as
of January 1, 2001, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2001, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 48.  Section 19356.7 of the Welfare and Institutions Code is
amended to read:
   19356.7.  (a) Proposals for funding of new, and modifications to
existing, supported employment programs and components by the
Habilitation Services Program shall be submitted to the Habilitation
Services Program and shall contain sufficient information to enable
the Habilitation Services Program to act on the proposal under this
section.
   (b) Provided that sufficient funding is available to finance
services by supported employment programs and components, the
Habilitation Services Program may approve or disapprove proposals
based on all of the following criteria:
   (1) The need for a supported employment program or component.
   (2) The capacity of the program to deliver supported employment
services effectively.
   (3) The ability of the program to comply with accreditation
requirements of the Habilitation Services Program.  The accreditation
standards adopted by the department shall be the standards developed
by the Commission of Rehabilitation Facilities and published in the
most current edition of the Standards Manual for Organizations
Serving People with Disabilities, as well as any subsequent
amendments to the manual.
   (4) A profile of an average consumer in the program or component,
showing the planned progress toward self-reliance as an employee,
measured, as appropriate, in terms of decreasing support services.
   (5) The ability of the program to achieve integrated paid work on
the average for consumers served.
   (c) The Habilitation Services Program may purchase supported
employment services at the rates authorized in Section 19356.6 only
from supported employment programs or components approved under this
section.
   (d) For purposes of evaluating the effectiveness of the entire
program, and individual supported employment programs or components,
the Habilitation Services Program may monitor supported employment
programs or components to determine whether the performance agreed
upon in the approved proposal is being achieved.  When the
performance of a supported employment program or component does not
comply with the criteria according to which it was approved for
funding pursuant to subdivision (b), the Habilitation Services
Program may establish prospective performance criteria for the
program or component, with which the program or component shall
comply as a condition of continued funding.
   (e) The department shall adopt regulations to implement the
requirements of Sections 19352, 19356.6, and this section, in
consultation with the California Rehabilitation Association, the
United Cerebral Palsy Association, and the Association of Retarded
Citizens of California.
   (f) This section shall become inoperative on July 1, 2000, and, as
of January 1, 2001, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2001, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 49.  Section 19806 of the Welfare and Institutions Code is
amended to read:
   19806.  (a) An independent living center shall not be required to
provide any matching funds through private contributions as a
condition of receiving state funds except to acquire state incentive
funds.
   (b) Each independent living center, except those centers which
have been both established and maintained using federal funding under
Title VII(c) of the federal Rehabilitation Act of 1973 as amended as
their primary base grant, as determined by the department, shall
receive to the extent funds are appropriated by the Legislature, at
least two hundred thirty-five thousand dollars ($235,000) in base
grant funds allocated by the department.  The department shall
allocate to those centers with Title VII(c) base grant funds of less
than two hundred thirty-five thousand dollars ($235,000) an amount
that, when combined with the Title VII(c) grant, equals two hundred
thirty-five thousand dollars ($235,000).
   (c) State funds may be replaced by reimbursements under the
Supplemental Security Disability Insurance and the Supplemental
Security Income programs provided for under Titles II and XVII of the
Federal Social Security Act, Subchapter II (commencing with Section
401) and Subchapter XVII (commencing with Section 1381) of Chapter 7
of Title 42 of the United States Code to the extent appropriated by
the Legislature and allocated by the department to independent living
centers under this chapter.  Beginning with the 1998-99 fiscal year,
and each year thereafter, to the extent these funds from the Social
Security Act are not appropriated by the Legislature as were
appropriated in the 1997-98 fiscal year, an amount equal to the
combined state and federal fund allocation to independent living
centers in the Budget Act of 1997 shall be appropriated to, and
allocated by, the department to independent living centers under this
chapter.
   (d) (1) Available state incentive funds shall be allocated at the
beginning of each fiscal year based upon the average amount of
private contributions received by the independent living center in
the second and third preceding fiscal years.
   (2) The maximum amount of incentive funds that may be allocated to
any independent living center in any single fiscal year shall be
computed as follows:
   (A) "Pool One" is defined as 60 percent of all state incentive
funds.  "Pool Two" is defined as 40 percent of all state incentive
funds.  Each independent living center shall be entitled to an equal
portion of Pool One, not to exceed the amounts raised pursuant to
paragraph (1).
   (B) Incentive funds from Pool One not used after the initial
allocation pursuant to subparagraph (A) shall be added to Pool Two
for allocation among all centers that had unmatched private
contributions after distribution of Pool One funds.  Pool Two funds
shall be awarded in direct proportion to each center's percentage of
the total remaining unmatched private contributions raised by those
independent living centers.
   (3) For the purpose of determining eligibility for state incentive
funds, any independent living center that uses a fiscal year other
than the state fiscal year may elect to use a different fiscal year
so long as the closing date of the fiscal year so elected does not
precede the closing date of the equivalent state fiscal year by more
than 11 months.
   (4) The amount of private contributions claimed by an independent
living center for each fiscal year shall be verified by the
department by utilizing appropriate financial records including, but
not limited to, independent audits.  Audits may be performed by the
department up to three years from the close of the fiscal year during
which state incentive funds were received by the independent living
center being audited.
   (5) State incentive funds that are not distributed to independent
living centers shall not be allocated or retained by the department
for distribution as state incentive funds in later fiscal years.
   (e) For purposes of this section:
   (1) "Private funds" does not include any funds originating from
any entity of the federal, state, city, or county government or any
political subdivision thereof.  Notwithstanding the provisions of
this section, fees from any source for services provided may be
included as private contributions by an independent living center for
purposes of determining its allocation of incentive funds.
   (2) "State incentive funds" means state funds appropriated by the
Legislature for purposes of this chapter, except those funds
allocated by the department pursuant to subdivisions (b) and (g) of
this section.
   (f) Any funds allocated under this chapter to any independent
living center, other than as part of the initial allocation for each
fiscal year, shall be made by contract amendment.  Any contract
amendment shall require the provision of services in addition to
those required by the contract being amended.  All those services
required by contract amendment shall not be performed prior to the
date the contract amendment is approved by the state.
   (g) To the extent funds are appropriated by the Legislature, after
allocation of base grant and incentive funds, remaining funds shall
be allocated by the department among independent living centers on
the basis of the ratio of the total of the general population in an
independent living center's geographic service areas as compared to
the total of the general population in all independent living centers
geographic services area statewide.  The department shall adopt
regulations for the distribution of population funds by June 30,
1999.
  SEC. 50.  It is the intent of the Legislature that a portion of the
funds available for the competitive bid allocations to local
entities under the welfare-to-work program shall be used to remove
barriers to local program implementation.  Specifically, these funds
shall be used for state-approved local training to build staff
capacity to work effectively with the very hard to serve
welfare-to-work population eligible for welfare-to-work activities
authorized under Section 603(a)(5) of Title 5 of the United States
Code that face multiple barriers to employment, as described in
Section 2864(d)(4)(G)(iv) of Title 29 of the United States Code, and
to expand the employment training network which provides technical
assistance and capacity building resources to state and local
welfare-to-work partners.
  SEC. 52.  (a) The California Department of Aging shall utilize
funds appropriated through the Budget Act of 1999 for expansion of
the Multipurpose Senior Services Program (MSSP) to fund additional
slots in underserved planning and service areas (PSAs) in which the
ratio of existing MSSP slots to estimated clients' needs is below the
statewide average before funding slots in any PSA in which the ratio
of existing MSSP slots to clients' needs is above the statewide
average.
   (b) Area agencies on aging shall maintain contracts funded from
appropriations made by the Budget Act of 1999 for community-based
service program expansion until July 1, 2003.
  SEC. 53.  Nothing shall preclude appropriations from the General
Fund to support the Health Insurance Counseling and Advocacy Program
in the Department of Aging (Section 9541 of the Welfare and
Institutions Code).
  SEC. 54.  Notwithstanding the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), through June 30,
2000, the State Department of Social Services may implement Sections
41.5 to 43.5, inclusive, of this act through all county letters or
similar instructions from the director.
   (b) The director shall adopt regulations, as otherwise necessary,
to implement the applicable provisions of Chapter 10.1 (commencing
with Section 18930) and Chapter 10.3 (commencing with Section 18937)
of Part 6 of Division 9 of the Welfare and Institutions Code no later
than July 1, 2000.  The director may adopt emergency regulations to
implement those provisions of law in accordance with the
Administrative Procedure Act.  The adoption of emergency regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
   (c) Emergency regulations adopted pursuant to this section shall
be exempt from review by the Office of Administrative Law.  The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of
State and shall remain in effect for no more than 180 days.
  SEC. 55.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 55.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to make timely adjustments in the process of
implementation of the State Budget for the 1999-2000 fiscal year, it
is necessary that this act take effect immediately.
